A UK employment tribunal has ruled that nonverbal expressions of frustration, such as sighing and exaggerated exhales, can amount to disability discrimination. The decision was made in the case of software engineer Robert Watson, who brought a successful claim against his former employer, Roke Manor Research.
Watson, who has ADHD, was found to have been discriminated against by a colleague’s repeated expressions of irritation related to his performance at work. The tribunal concluded that these actions were directly connected to difficulties linked to Watson’s condition, including time-keeping and working patterns.
Watson began working for Roke Manor Research, based in Romsey, Hampshire, in August 2020. The company is known for developing the Hawk-Eye ball tracking system used in sports including tennis, football and international cricket. The identities of other staff involved were kept anonymous.
Watson’s ADHD diagnosis came in November 2022. He began medication and took four days of sick leave at the time. On returning, a senior team member, referred to as DT in the tribunal judgment, informed Watson that his absence had caused additional workload. Watson later reported continued criticism from DT and cited nonverbal gestures such as sighing and exaggerated exhales as signs of frustration directed at him.
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Nonverbal frustration found to be linked to disability
The tribunal found that DT’s behaviour towards Watson was discriminatory. Judge Catherine Rayner concluded that the source of the frustration was linked to characteristics of Watson’s disability. She noted that his time away from his desk and irregular working patterns were directly related to his condition.
“I conclude the reason for the expressions of frustration arose from things which themselves arose from [Watson]’s disability such as his time-keeping and working patterns and the fact that he was spending time away from his project desk,” Judge Rayner said in her ruling.
Watson took sick leave with work-related stress in February 2023 and did not return to work. He submitted a disability discrimination claim in May 2023 and was dismissed in January 2024. His claims of unfair dismissal and other aspects of disability discrimination were not upheld. However, the tribunal found that the company failed to put reasonable adjustments in place, which could have prevented the discriminatory conduct.
Judge Rayner added, “Had [Roke Manor Research] taken steps to identify adjustments required for [Mr Watson] at an earlier stage and provided both him and the project lead with necessary support it is entirely possible that DT would not have himself suffered with such work pressure and it is possible therefore that this discrimination would have been avoided.”
Compensation for Watson will be determined at a later date. The decision adds to growing case law around how employers manage neurodiverse employees and the responsibilities organisations have under the Equality Act 2010 to make reasonable adjustments.
Managing neurodiversity in the workplace
The ruling is an example of the importance for HR teams and line managers to recognise that disability-related behaviours, including those linked to neurodiversity, require appropriate understanding and support. It also confirms that nonverbal conduct, when linked to an employee’s disability, can fall under the scope of discriminatory treatment.
Employers are expected to identify where adjustments may be needed and to ensure that all team members are aware of their responsibilities under equality legislation. The failure to take proactive steps in this case contributed to the finding of discrimination even in the absence of overt verbal remarks.
